Category: Removal Hearings

Expedited Removal: What Has Changed Since Executive Order No. 13767, Border Security And Immigration Enforcement Improvements: This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order. The National Immigration Project of the National Lawyers Guild and the Immigrant Rights Project of…

Tips For Representing Respondents Before The Immigration Court, provides a short overview of useful practical practice tips and pointers for representing respondents before the Immigration Court in connection with an application for Cancellation of Removal for LPRs and non-LPRs and 212(c) applications, and other forms of relief.

Notices to Appear: Legal Challenges and Strategies: This practice advisory provides guidance regarding NTAs to attorneys representing noncitizens who: 1) likely will be issued an NTA; 2) have been issued an NTA which has not yet been filed with EOIR; or 3) have been issued an NTA which has been filed with EOIR. The advisory…

Representing Detained Clients: Bond Hearings: This article provides a short overview of the following topics: Is my client eligible for a bond hearing? 236(c) and mandatory detention. Challenging mandatory detention under 236(c). Alternatives to bond hearing. Evidence in Support of Bond. The hearing. Appeals.

Two Systems of Justice: A report providing an overview of the fundamental differences between the criminal justice system and the immigration removal process. It explains the legal justifications that have been offered for denying immigrants facing deportation the same rights as criminal defendants facing imprisonment and concludes by emphasizing that any future immigration reform legislation must…

Access to Counsel in Immigration Court: It has long been the case that immigrants have a right to counsel in immigration court, but that expense has generally been borne by the noncitizen. Because deportation is classified as a civil rather than a criminal sanction, immigrants facing removal are not afforded the constitutional protections under the…